GregoryA.Neibarger

Overview

Greg is the Co-Chair of the Fiduciary Litigation Practice Group and the Leader of the Unfair Competitive Business Practices Team. Greg has more than 15 years of experience in handling complex commercial disputes and is regularly called upon by clients to handle their most significant commercial and trade secret matters. He represents and counsels domestic and international clients in litigation and litigation avoidance matters, including the potential for resolving disputes in advance of litigation.

Greg has received the highest peer review rating (AV Preeminent) available from Martindale-Hubbell.

Greg has a broad complex commercial litigation practice that cuts across federal and state trial and appellate courts, including the following areas:

Securities and corporate governance disputes;

Class action defense;

Breaches of fiduciary duties by directors, officers, partners, members and shareholders;

Defending accountants, lawyers and securities broker-dealers;

Regulated and municipal utility litigation;

Annexation litigation;

Restraint of trade and antitrust litigation;

Covenants not to compete;

Trade secret matters;

Commercial real estate lease, covenant and use litigation;

Industrial and agricultural nuisance litigation;

Franchising disputes;

Contract disputes; and

Business tort disputes.

Greg also arbitrates disputes in domestic and international tribunals for his clients.

Career Highlights

Representative Cases and Achievements

Represent international security software, silicon IP, and tools provider to protect trade secret and other proprietary information in connection with attempts by competitors to obtain information in mobile phone patent and intellectual property litigation.

Bucher and Christian Consulting, Inc. v. Novitex Enterprise Solutions, Inc. (S.D. Ind. 2015), represent national document and business service outsourcing company in breach of contract and business tort litigation in federal district court.

Dalzell v. Country View Family Farms, LLC, 518 Fed.Appx. 518 (7th Cir. April 2013), represent large pork producer in federal district court and the Seventh Circuit Court of Appeals in agricultural nuisance case brought by national plaintiffs' counsel and utilize Indiana's Right to Farm Act to defeat nuisance and other claims

McDaniel Fire Systems, LLC v. 3S Inc., et al., (Porter Superior Court), represent fire protection and suppression company in litigation arising out of client’s acquisition of employees from competitor and establishment of new branch office with acquired employees in competitor’s primary territory. Successfully defeat plaintiff competitor’s request for injunctive relief, obtain monetary payment from plaintiff competitor, and avoid all restrictive obligations of the competitor’s non-compete agreements with its former employees hired by client

Indiana Michigan Power Co. v. City of Fort Wayne, Indiana, (Allen Superior Court Case No. 02D01-0910-PL-400), represent the City of Fort Wayne in the dispute concerning the 1974 lease of its electric utility to I&M. Resolution included agreed payments to Ft. Wayne totaling $39.2 million

City of Greenwood et al. v. Town of Bargersville et al.,(930 N.E.2d 58 (Ind. Ct. App.)), addressing an issue of first impression as to the landowner "consent" requirement under Ind. Code 36-4-3-9 when a town seeks to annex territory within three miles of a City’s corporate boundary, and ruling for client City of Greenwood and its co-plaintiff property owners that attempted annexation by the Town of Bargersville lacked such consent and therefore was unlawful and void

The Sportsman’s Guide Inc. v. The Havana National Bank, et al., (C.D. Ill.), obtain an award of attorneys’ fees and costs and successfully absolve national retailer of sporting goods of liability sought by National Bank and multiple competing suppliers of goods

GoldStar Athletics LLC, et al. v. George Crooks, et al.,(Johnson Superior Court), obtain injunctive relief against owners of closely held limited liability company, co-conspirators and related agents arising out of breaches of fiduciary duties, aiding in the breach of fiduciary duties and attempts to direct business away from the limited liability company to competitor

Flying J Inc. v. City of New Haven, et al., 549 F.3d 538 (7th Cir.), affirming district court’s dismissal of Civil Rights (42 U.S.C. § 1983) claims by developer against the City of New Haven, Indiana concerning alleged equal protection and due process violations under the U.S. and Indiana Constitutions arising out of developer’s attempts to force the development of a large travel plaza

Hilliard Lyons v. Merrill Lynch Pierce Fenner & Smith, National Association of Securities Dealers, obtained temporary and permanent injunctive relief on behalf of client Hilliard Lyons against group of registrant brokers for breaches of fiduciary duties and violations of the Indiana Trade Secrets Act, first through the Monroe Circuit Court and then under Section 10335 of the NASD Code

Merrill Lynch Pierce Fenner & Smith, Inc. v. William Craig Dobbs, et al., successfully defended then fourth-largest production team in Merrill Lynch system from claims based on alleged breaches of covenants not to compete and request for temporary restraining order in move to Smith Barney

Verified Petition Of The Board of Commissioners of Boone County,Indiana To Revoke Certificate Of Territorial Authority Issued To Boone County Utilities, LLC, Indiana Utility Regulatory Commission Cause No. 42131, resulting in first application by IURC of Ind. Code 8-1-30-3, the "troubled utility statute," after hearing on merits,December 2003 Order directing the transfer of ownership of water and sewer utility for mismanagement and failure to comply with law and IURC orders

**DISCLAIMER: THESE CASES ARE ILLUSTRATIVE ONLY OF THE TYPES OF CASES HANDLED. THESE CASES DO NOT DEMONSTRATE PAST PERFORMANCE OR PREDICT FUTURE SUCCESS.

Awards

Selected for inclusion in Indiana Super Lawyers® in the field of Business Litigation, 2019

Selected for inclusion in The Best Lawyers in America® in the field of Commercial Litigation, 2019

Industries

Education

University of Missouri, B.S., Atmospheric Science, 1996Indiana University School of Law, J.D., summa cum laude, 1999

Bar & Court Admissions

Indiana, 2000U.S. Court of Appeals for the Seventh Circuit, 2000 U.S. District Court, Central District of Illinois, 2010 U.S. District Court, Northern District of Indiana, 2000 U.S. District Court, Southern District of Indiana, 2000 U.S. District Court, Northern District of Florida, 2013